Shipping Practice November 2015

Transcription

1 Shipping Practice November 2015

2 Contents Contents... 1 About Us... 2 Our Shipping Practice... 3 David Coogans... 6 William Leung... 8 Emma Day Our Team

3 Howse Williams Bowers is an independent Hong Kong law firm which combines the in-depth experience of its lawyers with a creative, forward-thinking approach. About Us Our key practice areas are corporate/commercial and corporate finance; commercial and maritime dispute resolution; clinical negligence and healthcare; insurance, personal injury and professional indemnity insurance; employment; family and matrimonial; property and building management; intellectual property and financial services/corporate regulatory and compliance. As an independent law firm we are able to minimise legal and commercial conflicts of interest and act for clients in every industry sector. The partners have spent the majority of their careers in Hong Kong and have a detailed understanding of international business and business in Asia. The HWB partners and their teams have an excellent reputation for delivering high quality legal advice with a practical and commercial approach to solving legal issues in line with clients' commercial objectives. 2

4 Our Shipping Practice HWB shipping practice specialises in maritime dispute resolution; mergers and acquisitions; competition and regulation and infrastructure. Our shipping team handles a wide range of disputes both in Hong Kong and throughout Asia. The team (which includes solicitors with seagoing experience) has considerable experience in all types of wet and dry shipping litigation. We handle shipbuilding, sale and purchase, collision, salvage, wreck removal and pollution cases, as well as charterparty, bill of lading and other contract of affreightment disputes. We advise ship-owners, P&I Clubs, Hull and Machinery insurers, salvors, charterers and freight forwarders. The team has particular expertise in handling problems arising from the shipment of steel, coal, iron ore, nickel ore and fluorspar. Our clients include charterers, shipowners and their insurers (P&I Clubs), cargo owners, freight forwarders, recovery agents, logistic companies, godowns, terminals, port authorities, commodity traders and their insurers and other organisations in the marine transport and insurance industries. Our practice includes: P&I and Defence Club work. Policy terms and disputes (e.g. war risk, breach of warranty, insurable interest, material non-disclosure etc.). Charterparty and bill of lading disputes. Collision, salvage and wreck removal. Commodity and sale of goods disputes. Marine insurance disputes (cargo and hull policies). Arbitration in London, Hong Kong, Singapore, Korea and the PRC. MOA disputes. Personal injury, employee's compensation and crew claims. Sale and purchase of vessels, including commercial vessels such as bulk carriers and tng boats, as well as yachts and oil rigs. Shipbuilding contracts for standard and specialist vessels, including offshore structures and complex engineering projects. Competition/regulatory work Mergers & acquisitions, IPOs, debt and equity capital markets, privatisations, international joint ventures, restricting and financial services. Development, investment and financing of port projects working with a diverse range of organisations including governments, port authorities, developers and lenders. Regulatory issues on Customs & Excise, Labour Department (safety) and environmental matters including defending the relevant summons/charges. Container terminals defence work. Yacht policy disputes. 3

5 Chris Howse Partner Direct Mobile Fax Chris specialises in maritime and commercial dispute resolution, handling a wide range of disputes in the Hong Kong courts and international arbitrations throughout Asia. He has considerable experience in all types of dry shipping litigation on behalf of owners, charterers and their P&I Clubs. He also has particular expertise handling problems arising from the shipment of coal, iron ore, nickel ore and fluorspar. Chris has more than 35 years of legal experience. He built the Hong Kong office of Richards Butler and he was Senior Partner and Managing Partner of that office from 1983 to He has considerable experience in arbitration and he is qualified as an arbitrator in Hong Kong, China (CMAC), Korea, Malaysia and other Southeast Asian jurisdictions. He has represented parties in arbitrations in China (both CIETAC and CMAC), Hong Kong, London, Singapore and Malaysia. In addition, Chris is an accredited mediator. Chris also provides professional indemnity advice and assistance to a full spectrum of professionals in Hong Kong, including solicitors, accountants, brokers, architects, doctors, dentists and other healthcare professionals. Chris leads the medico-legal team with fellow partner David Kan. They advise doctors, dentists and their indemnity provider the Medical Protection Society and Dental Protection Ltd as well as private hospitals and other healthcare professionals. Chris also advises private hospitals, corporate healthcare providers and pharmaceutical companies on issues relating to the import and distribution of drugs and pharmaceutical products, drug liability claims and other regulatory matters. Experience 2012 Howse Williams Bowers 2011 Reed Smith Richards Butler 2008 Richards Butler in Association with Reed Smith LLP 1983 Richards Butler, Hong Kong 1975 Richards Butler, London Education 1975 College of Law 1973 University of Bristol, BA (Hons) 1970 University of Geneva 4

6 Professional Qualifications 1978 England and Wales 1981 Hong Kong 1988 Australia Professional Affiliations Arbitration: Fellow, Chartered Institute of Arbitrators (Hong Kong) Fellow, Hong Kong Institute of Arbitrators Ltd Supporting Member, London Maritime Arbitrators Association Arbitrator, Hong Kong International Arbitration Centre Arbitrator, China Maritime Arbitration Commission Arbitrator, Hong Kong Maritime Arbitration Group Arbitrator, Korean Commercial Arbitration Board Member, Hong Kong Arbitrations Law Review Committee ( ) Professional Indemnity Insurance: Chairman, Hong Kong Law Society Professional Indemnity Claims Committee ( ) Deputy Chairman, Hong Kong Law Society Professional Indemnity Claims Committee ( ) Member, Hong Kong Law Society Professional Indemnity Insurance Claims Committee ( ) Member, Hong Kong Law Society Professional Indemnity Advisory Committee ( ) Member, Hong Kong Law Society Working Party on Professional Indemnity Insurance Scheme ( ) Chairman, Hong Kong Professional Indemnity Review Committee (2002) 5

7 David Coogans Partner Direct Mobile Fax David specialises in maritime dispute resolution and international trade with over 25 years of experience in all types of wet and dry shipping matters. He has experience in collision, salvage and pollution cases as well as charterparty and bills of lading disputes. He advises ship-owner salvors, charterers, freight forwarders and P&I clubs. Before qualifying as a lawyer, David served as a deck officer with the Cunard Steamship Company. Whilst as sea David served on various types of vessels including container ships, oil tankers and refrigeration cargo ships. He is familiar with all aspects of Admiralty procedure. David's non-contentious experience includes negotiating a wide variety of commercial contracts including those concerning container leasing, trans-shipment and off take agreements contracts for iron ore export projects in Australia. He has also negotiated and drafted many forms of charterparties, letters of guarantee and other commercial contracts. David has handled legal covers in many jurisdictions including Hong Kong, the UK, Australia, New Zealand, India, Bangladesh, China, Indonesia, Vietnam, Taiwan, Japan, Singapore, and South Korea. Experience 2012 Howse Williams Bowers 2011 Holman Fenwick Willan, Head of Sydney office 2005 General Counsel P&O Cruises Sydney Australia 1989 Richards Butler, Hong Kong 1976 Cunard Steamship Company Education 1985 College of Law, Chancery Lane, London, Solicitors Final Examinations 1984 Anglia University, England, BA (Hons) 1980 Riversdale College, Liverpool, England, British 2 nd Deck Officer s Certificate of Competency Professional Qualifications 1987 England and Wales 1989 Hong Kong 1991 Australia (NSW & Victoria and the ACT) 6

8 Professional Affiliations LEADR and nationally accredited mediation practitioner Member, Law Society of Hong Kong 7

9 William Leung Partner Direct Mobile Fax William specialises in disputes practice covers logistics / transport, maritime arbitration and commercial matters. On the logistic side, he has more than 15 years of experience in handling a wide range of contentious matters with a particular emphasis on bills of lading/air waybills, cargo claims, demurrage, forwarding and logistics disputes. William's experience includes drafting bills of lading terms, standard trading terms and shipping documents for both local and international ship owners and forwarders. He has advised on various marine insurance matters and regulatory matters such as enforcement actions by Customs & Excise and the Labour Department. He is a panel-lawyer for various blue-chip insurance companies, international logistic companies, major containers terminals and major 3PL and 4PL providers in Hong Kong. He is the market leader in advising major port terminal operators and 3PL and 4PL providers in Hong Kong. On the maritime arbitration side, William has acted for prominent maritime liquidators and major shipowners and their liability insurers on substantial disputes in London and Hong Kong. William regularly gives talks and seminars on shipping matters and is well known within the shipping circle. He is admitted to practice in both Hong Kong and England & Wales. William has been ranked in AsiaLaw as leading lawyer in 2013, Chambers Asia Pacific in 2014 and 2015 and Legal 500 Asia Pacific in 2014 and William and his team provide high quality service and commercial solutions to clients. Experience 2015 Howse Williams Bowers 2009 Eversheds 2001 DLA Piper 2000 Stevenson Wong & Co 1998 Hampton, Winter & Glynn 8

10 Education 1997 PCLL, University of Hong Kong 1993 LLB, University of Wales / Portobello College, Dublin, Ireland Professional Qualifications 2001 England and Wales 1999 Hong Kong Professional Affiliations 2015 The Board of Review, Inland Revene Department (Panel member) The Obscene Articles Tribunal (Member Adjudicator appointed by Chief Justice of HKSAR ) 2013 Admiralty Court Users Committee appointed by Chief Justice of HKSAR (Member) 9

11 Emma Day Partner Direct Mobile Fax Emma specialises in shipping, international trade and commercial disputes. She has experience in both wet and dry shipping matters. Emma has extensive experience in charterparty / bill of lading and other contract of affreightment disputes, instructed by shipowners and P&I clubs, charterers and freight forwarders and other logistics providers and their insurers. Emma's charterparty experience includes advice on withdrawal / early redelivery, offhire, laytime and demurrage, safe ports. She has also handled disputes arising in China including providing urgent advice to owners and charterers regarding exercise of liens, discharge of cargo and alternative discharge port options. Recently she has advised various parties following the collapse of OWB and Copenship Bulkers. Emma handles disputes resolved by arbitration in London, Hong Kong and Singapore and Court proceedings both in Hong Kong and London. Emma is qualified in UK, Australia and Hong Kong with a total of 11 years in private practice. Her experience includes working as a claim executive for a major international transport and logistics company handling a variety of claims including claims for misdelivery, cargo damage and late delivery. Experience 2013 Howse Williams Bowers 2012 Thomas Miller Australasia Pty Ltd Holman Fenwick & Willan, Sydney Australia (including a secondment to Thomas Miller Australasia Pty Ltd.) 1991 Richards Butler, Hong Kong 1988 Richards Butler, London Professional Qualifications 2007 New South Wales, Australia 1992 Hong Kong 1988 England & Wales 10

12 Our Team Heidi Sheung Consultant Heidi has a great depth of experience in personal injury and contentious insurance matters having been engaged in them since the outset of her traineeship in She advises on all aspects on liability ranging from statutory, employees' compensation, product liability, medical negligence, occupational disease claims, motor vehicle accidents and construction sites, with a particular emphasis on accidents on board ships and at container terminals and maritime industrial undertakings. She has handled and given advices on a very wide range of cases from the most serious tetraplegic to the more run of the mill minor accidents acting for numerous major liability insurers. She is frequently called on by clients to construe terms of policies of insurance and review on policy coverage disputes. She is acutely aware of the commercial needs of the insurers in economic and practical claims handling and seeks to work closely with the instructing claims officers making her one of the most user friendly defence lawyers in town. In addition to her insurance practice Heidi has throughout her career been engaged in major commercial litigations. She is also an accredited mediator on the HKIAC General Panel and Law Society of Hong Kong since 2009 and acts regularly as a mediator in numerous disputes of various natures. Eviana Leung Senior Associate Eviana is a senior associate in the shipping team. She was admitted to practise in Hong Kong in Prior to joining Howse Williams Bowers, Eviana received training from the shipping department of an international law firm with a strong dispute resolution and arbitration practice in Hong Kong and thereafter joined and was promoted as senior associate of another international law firm specialising in acting for prominent marine liability insurers. She has vast experience in both contentious and non-contentious maritime, commercial, contractual, international trade matters with a particular emphasis on marine policy coverage disputes. On the contentious side, she advises on various disputes relating to marine insurers, freight forwarders, international logistics providers with a particular focus on cargo loss, arresting of vessel and yacht liabilities. Eviana has vast experience on maritime arbitration in both Hong Kong and London and enforcement of maritime arbitration awards. 11

13 On the regulatory side, Eviana advises majority of the major container terminals in Hong Kong on enforcement actions by labour department on occupational health & safety issues and Customs & Excise. She acts for more than 10 marine liability insurers and is known within the marine insurance circle as a solution-driven lawyer who would provide sound practical advice. Eviana is fluent in English, Cantonese and Mandarin. Iain Clayton Registered Foreign Lawyer (England & Wales) Iain specialises in shipping and international trade dispute resolution. He acts on behalf of shipowners, charterers, P&I Clubs, underwriters and commodity traders. He has particular experience of charterparty disputes concerning off-hire, speed and performance, unsafe port claims, demurrage and ICA indemnity claims. His work also covers contracts of affreightment, cargo claims, international sale of goods, shipbuilding and ship management disputes. He has represented parties in LMAA, GAFTA and English High Court proceedings. Iain previously worked in London and on secondment in Piraeus before joining HWB in Hong Kong in He was admitted as a solicitor of England and Wales in Iain is fluent in English and speaks conversational Mandarin. Zunuo Han Paralegal Zunuo was admitted as a Lawyer in PRC in He joined HWB as a paralegal in With his PRC background, Zunuo is focusing on shipping issues including defending, cargo claims, freight and demurrage, personal injuries, insurance, admiralty claims and arbitration mainly for PRC clients. He has knowledge in maritime law including carriage of goods by sea, insurance law and international trade law and has experience in defending claims against container terminals. Zunuo is fluent in English and Mandarin. Lydia Wong Paralegal Lydia has good experience in handling contentious insurance, personal injury litigations with a focus on investigations by Marine Department on marine safety, compliance issues and maritime accidents. She is actively involved in defending shipping, disputes, logistics related personal injury and third party liability claims. Lydia is fluent in English and Cantonese and proficient in Mandarin. 12

14 Christy Cheung Paralegal Having worked in prominent insurance Law firms in town, Christy has experience in handling insurance litigation matters. She is actively involved in personal injuries, insurance and employees' compensation claims with a focus on the retail and F&B sectors. Christy is fluent in English, Cantonese and Mandarin. 13

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